Degavath Mohan vs The State Of Telangana
2025 Latest Caselaw 6311 Tel

Telangana High Court

Degavath Mohan vs The State Of Telangana on 6 November, 2025

     THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                         AND
       THE HON'BLE JUSTICE GADI PRAVEEN KUMAR

                  WRIT PETITION No.33287 OF 2025
Mr.Vishnu kanth, learned counsel appearing for the petitioner.

Mr.T.Ravi kumar, the learned Assistant Government Pleader representing the learned Advocate
General appearing for the respondents.


ORDER:

(Per Hon'ble Justice Moushumi Bhattacharya)

1. We have heard learned counsel appearing for the

petitioner and the learned Assistant Government Pleader

appearing for the respondents.

2. The Written Instructions of the Sub Inspector of Police,

Lalaguda Police Station, is placed on record.

3. The Written Instructions specifically state that the alleged

detenu was arrested on 14.10.2025 at 10.00 A.M. from

Vikarabad Railway Station and was produced before the learned

XXII Additional Chief Judicial Magistrate at Secunderabad ('the

Trial Court') on the same day after complying with the

procedure under sections 47 and 48 of The Bharatiya Nagarik

Suraksha Sanhitha, 2023 ('the BNSS, 2023'). The alleged

detenu was there after sent to judicial custody and was lodged

at Central Prison, Chanchalguda, Hyderabad on the same day

i.e., 14.10.2025 at 19:40 hours. The remand case diary dated

14.10.2025, the prison receipt dated 14.10.2025 as well as the

order of the Trial Court dated 14.10.2025 form part of the

written instructions which are placed before the Court.

4. The petitioner, who is the father of the alleged detenu

submits that the remand order of the Trial Court dated

14.10.2025 is liable to be challenged, since the order does not

contain any reasons.

5. Learned counsel for the petitioner places a judgment in

Gautam Navlakha V. National Investigation Agency 1 in this

regard. The said decision has been placed to urge that a Writ of

Habeas Corpus lies against the order of remand under section

167 of The Code of Criminal Procedure, 1973.

6. We have considered the material placed before us.

Paragraph No.4 of the remand order dated 14.10.2025 contains

reasons including the fact that the prima facie case against the

accused for the offences under sections 108, 238, 249 (b) of The

Bharatiya Nyaya Sanhita, 2023. The order also records that the

police have complied with sections 47, 48, 53 of the BNSS, 2023

before issuing the arrest Memo.

7. We do not find the order to be passed in a mechanical

manner. Our view is buttress by the facts recorded in the

remand case dairy which show that the detenu confessed to

(2022) 13 SCC 542

commit the offence in the presence of two mediators and

voluntarily disclosed his name and particulars. The contents of

the remand case diary also show the serious nature of the

offence committed against the deceased (daughter of the

complainant), who subsequently committed suicide on

08.10.2025.

8. We accordingly do not find any reason to grant any

interim relief or final relief which is for release of the detenu

(prayer of the writ petition seeking enlargement of the detenu by

the respondents in connection with Crime No.205 of 2025).

9. W.P.No.33287 of 2025 is dismissed in terms of the above,

along with all connected applications. There shall be no order as

to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

_____________________________ GADI PRAVEEN KUMAR, J

DATE: 06.11.2025 EDS